Migratory-bird treaty-act regulations and text of Federal laws relating to game and birds

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Migratory-bird treaty-act regulations and text of Federal laws relating to game and birds
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United States -- Bureau of Biological Survey
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United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCEMENTS


MIGRATORY-BIRD TREATY-ACT REGULATIONS AND TEXT
OF FEDERAL LAWS RELATING TO GAME AND BIRDS


CONTENTS
Pact
Migratory-bird treaty-act regulations----------------------------------------- 1
Convention between the unitti.U States and ;re:ir Britain for the protection of migra-
tory birds in the United States and Canada--------------------------------- 7
Migratory-bird treaty act --------------------------------------------------- 10
Lacey Act, regulating interstate commerce in wild aninTals--------------------- 11
Law protecting wild animals and birds and their eggs and IGovernment property on
Federal refuge---------------------------------------------------------- 13
Regulations governin hunting on national forests----------------------- ----- 13
Fires on the public domain ---------------------------------------- 13
Provisions of tariff act regulating importation of plumage, g;imp. etc------------- 13
Canadian tariff act prohibiting inrportation of pluruma ,,, mniu..'--.,. and certain
birds-------------------------------------------------------------------- 15
Officials from whom copies of game laws may be obtained--------------------- 16


MIGRATORY-BIRD TREATY-ACT REGULATIONS

[As approved and promulgated by the President July 31, 1918, and tinijided October 25
1918; July 28, 1919; July 9, 1920; March 3 and May 17, 1R21 ; March 8, 1922; April
10 and June 11, 1923; April 11 and July 2, 1924; June "'2, 192.5; March 8. April 22.
and June 18. 1926; April 4 and 21 and September 6, 1927; March 2, July 13, onl
August 16,. 1928; and April 23, 1U29]

Regulation 1.-Definiiicns of Migratory Birds

Migratory birds, included in the terii-.- of the convention between the Unitrd
States and Great Britain for the protection of migratory birds, concluded
August 16, 1916. are :s follows:
1. Mi!j/ruory game birds:
(a) Anatidae, or waterfowl, including irant, wild ducks, gevse. and swans.
(b) Gruidne, or cr;imes, including little brown, sanlhill, and whooping c.ranes.
(c) Rallidae, or ruils. including coots, allinul.'s. and sora and utlier rail-.
(d) Limicolaie, or shorebirds, including avoLt-t. curlews, dowitchers, g,,dwit-.
knots, oyster catchers, iih.ilaropes, lpover-. sandilip-rs. snipe. stilts, surf bird-.
turnstones, willet. wood,'uck, and yellowl.-.,.
(e) Columbidae, or jiir(''n<. including dove" and wild p.gei n-
2. Migratory in.et-tivoro'- birdxL: Cuc. oos; pickers and other WiL rs;
nighthawks or bull-b;its ;'nd whip-po,0r-wills; swifts; l:miiiijji:l1irij ; ;lycatch-
ers; bolbolinks, m iudow lark-,, a'.d 'ri l,-; gro-4be:.ik-; tIn ,.!l,',r.'; mnartii.s and
other swallow.;: waxwirizgs: shrik,'s; virei-o; warllers; piiiits; c'itirdt and
brown thrashers; wrn-b hrown .r,,oper: i :r nuhatehes; hir-kad,. -: :iid titnin. ;
kinglets and n.:it e.-it'hers; robins 'nd other thri'Thes; and all other 1i,,rching
birds whir-h ft.-,1 ,ntirely or c.ii,.fly on iin- ,',ts.
3. Other migrratory nonannmre b>r,'s: Aulks, aukles,, bitters. fulhiw:r,;. -alnnrts.
grebe guillemnots, tiu1ls. he'un-s, ja*,gers. lootns, mu.'rtc itrt'ls e itm llin-, sliI.:Ir-
waters, and terns.
[As amended July 9. 12".]

1 Summarized iifnirmation concerning: (io" n ses n o, s on ::iin'. lI[I'i "i, l,:-4 limits, pa-
session, sale, Interstate tr.1n .pnrtanti-n. andi provisions rIl' in -Z to inrt)0rt,'il ::im 1 a'uI
game raised In captivity is pu1hl!Ih0 d iin Thhp annual I':21 :mers' iiletin of the I'nit'il Sr-ite
DPPmi of Aglrhiltarp on he .i' laws, which may be litid from the deairtim.'nt
upon request. '- -


S Oi it -O,- -



bE_ -EPOSITOORV


S. R. A.-B. S. 71.


ISSued M.Ly, 1'.1-"9.






BUREAU OF BIOLOGICAL SURVEY


Regulation 2.-Definitions of Terms

For the purposes of these regulations the following terms shall be construed,
respectively, to mnean-
Scir(tary.-The Secretary of Agriculture of the United States.
Per.ton.-The plural or the singular, as the case demands, including indi-
viduals, associations, partnership-, and corporations, unless the context other-
wise requires..
Tvikc.-The pursuit, hunting, capture, or killing of miigratory birds in the
manner and by the means specific:'ly permitted.
Opcii sa'xu.jo.-The time during which migratory birds may be taken.
Trai i port.-Shipping, transporting, carrying, exporting, receiving or deliver-
ing for shipment, transportation, carriage, or export.

Regulation 3.-Means by Which Migratory Game Birds May be Taken

The migratorwy game birds -splecified in regulation 4 hereof may be taken
during the open sea-on with a gun only, not lar-cr than No. 10 gauge, fired
from the shoulder, except as spetifi,:ally permitted by regulations 7, 8, 9, and 10
hereof: they may be taken during the open season from the land and water,
with the aid of a d&g. the use of decoys, and from a blind or floating device;
but nothing herein sli:ill be deemed to permit the use of an automobile, air-
plane, powerboat, sailboat, any bo;it under sail, any floating device towed by
powverbi;jt or .-ailboat, or any sinkbox (battery), except that sinkboxes (bat-
teri'-s) may be used in the t;iking of migratory waterfowl in coastal sounds and
bays (including Back Bay, Princess Anne County, State of Virginia) and other
coa:,stal waters; and nothing herein shall be deemed to permit the use of an air-
plane, or a powerboat, sailboat, or other floating device for the purpose of con-
centrating, driving, rallying, or stirring up migratory waterfowl.
(As amended July_28, 1919; March 3 and May 17, 1921; April 4, 1927; March 2, 1928;
and April 23, 1929.]

Regulation 4.-Open Seasons on and Possession of Certain Migratory Game
Birds

For the purpose of this regulation, each period of time herein prescribed as
an open season shall be construed to include the first and last days thereof.
Waterfowl (except wood duck, eider dlucls, and swans), rails, coot gal-
linules, woodcock, Wilson snipe or jacksnipe, and mourning doves may be taken
each day from half an hour before sunrise to sunset during the open seasons
prescribed therefore in this regulation by the means and in the numbers per-
mitted by regulations 3 and 5 hereof, respectively, and when so taken may be
pos-c-sed any day in any State, Territory, or District during the period con-
stituting the open season where killed and for an additional period of 10 days
next succeeding said open season, but no such bird shall be possessed in a State,
Territory, or Districi at a time when such State, Territory, or District prohibits
the possession thereof.
Waterfowl (c.eccpt wood duck, cider duck.f, and swans), coot, and Wilx',n
,l{iiC or jacksnipc.-The open seasons for waterfowl (except wood duck. eider
ducks, and swans), coot, and Wilson snipe or jack-,nipe shall be as follows-,:
In Maine, New Hampshire, Vermont, MaNIsachusetts (except in Nantucket
and Dukes Counties, and Barnstable County south and east of the Cape Cod
Canal), Ohio, Wet Virginia, Michigan. Wisconsin, Minnesota. Iowa. North Da-
kota, South Dakota, Nebraska, Kansa;, Colorado, Wyoming. Monitanna, Nevada,
and that portion of Idaho comprising the counties of Boundary, Bonner, Koo-
tein;ii. Benie\vah, and Shoshone. and that portion of Washington lying e.ast of
the summit of the Cascade Mountains, the open season shall be from Septemnber
16 to D(ecember 31;
In New York (except TLong Island), Illinois, and Missouri the open season
shall be from Septeiber 24 t* Januiiry 7;
In that portion of Massachvsetts known as Nantucket and Dukes Counties,
and Baarn -table County south and east of the Cape Cod Canal, and in Rhode
Island. Connecticut, Pennsylvania, Ifdi;i,;i. Utah, Idaho (except in the counties
of Boundary, ]Boni er, Koolenii, Benije\;ih, and Shoshone), California, Oregon,
and lI 1;it portion of Wa'slhington lying \\est of the suinmiit of the Cascade M(oun-
tains the open sieasoin shall le from Octotber 1 to January 15;
In that portion of New York known as Long Island, and in New Jersey,
D)elaware, Okl;i:hlii:i, New MrxivfP, Arizona, that portion of Texas lying west


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


and north of a line berinning on the Rio Grand(lp River directly w,:t if the
town of Del Rio, Texas.; thence east to the town of Del Rio; th,-,ei- ei-.terly
following thle center of the main track ot th,! Southl.rn Pacific Railroad through
the towns of Spofford, Uvalde. and H,,ilo:o thence to the point where the
Southern Pacific Railrozid cro--- the I. & G. N. R. Rt.. at or l,.:ir San Antonio-
thence following. the center of the track of said I. & G. N. R. Rt. in an easterly
direction, to the point in the city ,f Aui-tin. where it joins (onr .4-- Avenue.
nlar the I. & G. N. R. R. depot: then, across said C,,ng,-s Avenue to the
center of the minivan track of the H. & T. C. R. R. where -a.id track join< said
Conzreis Avenue, at or near the H. & T. C. R. R. depot: thence following the
(center line of the track of id H. & T. C. R. R. in an easterly direction through
tihe t,)wns of Elain. Gidd(lin., and Breil;imin. to the point where said railro.;i
c-osse.- the Brazos River; thence with the center of said Brazos River in a
general northerly direction, to the point on -:i!d river where the Beaumont
b1ranlch of the Santa Fe Railway crosses the ;tine; thei:,-,, with the center of
the track of the said G. C. & S. F. R. Il.. in an ,eaisterly direction through the
towns of Nava sota, Mont'-,,nit-ry. and Conroe. to the point at or near Clev<-ai ,!.
where -,'id G. C. & S. F. R. R. crosses the, Housmton. East :inld West Texas 1i i;-
road; thence with the center of said H. E. & W. T. R. R. track to the point in
said line. where it strikes the Lon.iii;ii line, tlic op', i seiaxon s 7Tall be from
Optfobcr 16 to Janqv-,i !/ 31; and in that portion of Texas lyi',,i south and east of
the line above described the ien ei-a,;on shall be from Novemnilc-:' 1 to Jan-
uairy 31;
In Maryland. the District of Columbia, Virginia. Kentui ky. Tennessee. North
Carolina. Southli Carolina. Georgia. Florida. Alabama. Mi-'i.--iii. Arkansas.
and Loui-ianm the pern -eo:nson shall be from Novewnlber 1 to January 31; and
In Alaska the open -Hason shall be from September 1 to December 15.
Rails and gallinules (c.< 'pt coot).-The open -,,:'son for sora and other rails
and gallinule-- (except coot) shall be from Sept,-mber 1 to November 31. except
as follows:
In Ma-sac;husetts the open -ia;on shall be from September 16 to Dnc, i1ler
15: a;nd
In Loni-ianna the p,,,n season slAill be from N,,\veinher 1 to January 31.
Woodcoek.-The open seasons for woodcock shall be as follows -
In Maine. New Hampshire, Vermont. New York. and North D:akota the open
season shall be from Octoll -r 1 to October 31;
In Mn.ssachu-,ttt-. Rhode Island, and Connecticut the (open season shall be
from October 20 to November 19:
In New Jer.ey. Pen-ylvania. Ohio. Indiana. Michigan, Wi-,-.onsin, and I.'wa
the open season shall be from October 15 to November 14;
In !Maryland, the District of Columbia, and Lis-ouri the open season shall
be from November 10 to D'ceioi,'r 10:
In Delaware. Virginia. West Virgini:. -Kentu'.kyv, Arkan-a. and Oklahoma
the open s. ;i-ii shall be from November 15 to De.- embler 15; and
In North Carolina. South Carolina. Georgia. Alabama, MIis-i.sippi, and Loui-i-
ana the open -ea4on sh:ill be from December 1 to D.r'nibler 31.
Dores.-The op-'in seasons for mourning dove:- shall be as follows:
In Delaware, Maryland. Virginia, Tenne--ce, Kentucky. Ohio, Indi na..
Illinois, Minnes:,ta, Nobra-ka. Kansas. Missouri. Arkanvas. Oklah',1oa. New
Mexico, Colrado, Utah. Arizona, Calif irni;i. Nevada, Idaho, Oregon, that
portion of Texas lyvinl west and north of a line beginning on the Rio Grninde
River directly west of the town of Del Rio. Texas; then.- east to the town
of Del Rio; thence easterly followinL- the center of the main trek of the
Southern Pa.ifir Railr ad through the towns of Spofford. Uvalde, and Hondo:
thenc.e to the point v.lr re the Southern Pacific Railr,,;id crosses the I. & G.
N. R. R., at or near S.,n Antonio; thence following the center of the 1rack
of said I. & G. N. R. R. in an easterly din etion. to the point in the city of
Austin. where it joins Cong.ress Avenue. near the I. & G. N. R. R. depot:
thence across said Congress Avoenue to the enter of the main track of the
H. & T. C. R. R. where said track joins said Congress Avenuie, at or nn:Ir the
H. & T. C. R. R. depot; thence followitr-: the center line of the track of said
H. & T. C. R. R. in an easte.rly direction thro-ihi the towns of Elgin. Gid-
dings. and Brenham. to the point wli'ret-. said railroad cr,--.e'. the Brazos
River; then-ce with the center of -aid Brazii-' River in a generall northerly
direction, to the point on said river where the BIeaumont branch of the Stinta


B. S. 711






BUREAU OF BIOLOGICAL SURVEY


Fe Railway crossed the same; thence with the center of the track of the said
G. C. & S. F. R. R., in an easterly direction through the towns of Navasota,
Montgomery, and Conrue, to the point at or near Cleveland, where said
G. C. & S. F. R. R. crosses. the Houston, East and West Texas Railroad; thence
with the center of said H. E. & W. T. R. R. track to the point in said line,
where it strikes the Louisiana line, the open season sliall be from Soptember 1
to D cember 15; and in that portion of Texas lying south and east of the line
above described the open season shall be from November 1 to Decemb;'r 31;
In South Carolina, Georgia, Florida, Alabama (except in Mobile and Baldwin
Counties), Mississippi, and Louisiana the open seas,,in shall be from September 1
to September 30 and from November 20 to January 31;
In that portion of Alabama known as Mobile and Baldwin Counties the open
season shall be from November 1 to January 31; and
In North Carolina the open season shall be from November 20 to January 31.
[As amended October 25. 1918; July 28, 1919; July 9, 1920; May 17, 1921; March 8,
1922; June 11, 19-23; April 11 and July 2, 1924; June 22, 1925; M.irch 8, April 22, and
June 18, 1926; April 4 and 21 and September 6, 1927; Mairch 2, July 13, and August 16,
192s; and April 23, 1929.]
Regulation 5.-Bag Limits on Certain Migratory Game Birds
A person may take in any one day during the open seasons prescribed there-
for in regulation 4 not to exceed the following numbers of migratory game
birds, which numbers shall include all birds taken by any other person who
for hire accompanies or assists him in taking migratory birds:
Ducks (except wood duck and eider ducks).-Twenty-five in the aggregate
of all kinds.
Geese.-Eight in the aggregate of all kinds.
Bran zt.-Eight.
Rails and gallinules (except sora and coot).-Twenty-five in the aggregate
of all kinds, but not more than 15 of any one species.
Sora.-Twenty-five.
Coot.-Twenty-five.
Wilson snipe or jacksnipe.-Twenty.
Woodcock.-Four.
Doves (mourning ).-Twenty-five.
[As amended October 25, 1918; July 28, 1919; March 3, 1921; March 8, 1926; and
April 4, 1927.]
Regulation 6.-Shipment, Transportation, and Possession of Certain Migratory
Game Birds
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, woodcock, Wilson snipe or jacksnipe, and mourning doves and parts
thereof legally taken may be transported in or out of the State where taken
during the respective open seasons in that State, and may be imported from
Canada during the open season in the Province where taken, in any manner,
but not more than the number thereof that may be taken in two days by one
person under these regulations shall be transported by one person in one
calendar week out of the State where taken; any such migratory game birds
or parts thereof in transit during the open season may continue in transit
such additional time immediately succeeding such open soe:,on, not to exceed
5 days, ieceessary to deliver the same to their destination, an(d may be possessed
in any State, Territory, or District during the period constituting the open
season where killed, and for an additional period of 10 days next succeeding
said open sea-on; and any package in which migratory game birds or parts
thereof are transported shall have the name and address of the shipper and
of the consigtie and an accurate statement of the numbers and kinds of
birds contained therein clearly and conspicuously marked on the outside
tlihreof; but no such birds shall be transported from any State, Territory,
or District to or through another Stnte, Territory, or District or to or through
a Province of the Dominion of Canada contrary to the laws of the State.
Territory, or District, or Province of the Dominion of Cnanda in which they
were taken or from which they are transported; nor shall any such birds
be transported into any State, Territory, or District from another State, Terri-
tory, or District, or from any State, Territory, or District into any Province
of the Dominion of Canada at a time when such State, Territory, or District,
or Province of the Dominion of Canada prohibits the possession or transport-
ing ther(-of.
[As amended October 25, 1918; July 9, 1920; March 8, 1926; and April 4. 1927.]


[S. R. A.







LAWS RELATING TO GAME AND BIRDS


Regulation 7.-Taking of Certain Migratory Nongame Birds by Eskimos and
Indians in Alaska

In Alhska Eskimos and Indians may take for the u-e of them-elves and
their immediate families, in any manner and at any time, and possess and
transport auks, auklets, guillemots, murres, and puffins and their eggs for
food and their skins for clothing.

Regulation 8.-Permits to Propagate and Sell Migratory Waterfowl

1. A person may take in any manner and at any time mig-iat,.ry water-
fowl and their eggs for propagating purposes when authorized by a permit
issued by the Secretary. Waterfowl and their eggs so taken may be po.sessZd
by the permitted and may be sold and transported by him for prolplgat.ng
purposes to any person holding a permit issued by the Secre try in acc,'dance
with the provisions of this regulation.
2. A person authorized by a permit issued by the Secretary may possess,
buy, sell, and transport migratory waterfowl and their increase and eggs in
any manner and at any time for propagating purp(,se"; and migratory water-
fowl, except the birds taken under paragraph 1 of this regulation, so posse--ed
may be killed by him at. any time, in any mainuer, except that they may be
killed by .-hooting only during the open season for waterfowl in the State
where killed, and the carca-ses, with heads and feet attached thereto, of the
birds so killed may be sold and transported by him in any manner and at
any time to any person for actual con-umption, or to the kee-per of a hotel,
restaurant, or boarding house, retail dealer in meat or game. or a club, for
sale or service to their patron-, who may possess such carca-es for actual
con-.umlption without a permit, but no niirr.ntory waterfowl killed by shoot-
ing shall be 1" utht or sold unles-; etlh bird before attaining the age of 4
weeks shall have had removed from the web of one foot a portion thereof in
the form of a V large enough to make a permanent, well-defined m:nirk, which
.-hall be sufficient to identify it as a bird raised in d,,me-tication under a permit.
3. Any package in which such waterfowl or parts thereof or their eggs
are transported shall have plainly and conspicuously marked on the outside
thereof the name and address of the permitted, the number of his permit,
the name and address of the consignee, and an accurate stattmi..,t of the
number and kinds of birds or eggs contained therein.
4. Applications for permits must be addres-ed to the Secretary of Aericulture.
Wahilngton, D. C., and mu-4t contain the following information: Name and
addlre:- of applicant; place where the business is to be carried on; number of
acres of 1.i.-i used in the business and whether owned or lea-ed by thi appli-
c:-nt; number of each species of waterfowl in pos-e<-ion of applicant; names of
species and nuilier of birds or eggs of each species ft perbi-sion is ashed to
take waterfowl or their eggs; and the particular locality where it is desired to
take such waterfowl or eggs.
5. A per,:ou granted a permit undl:'-". this regulation shall keep books and
records which !hall correctly set forth the total number of each species of water-
fowl and their egzs po.-s...d on the date of application for the ,.:r!it ;; n1 on
the 1st day of each January next follNwiin:g; also for each ca, ndar year during*
the life of the permit the total nuralier of e;ich sv.ies reared and killed.
number of each species and their egs sold and transported, manner in which
such watorfwl and e:;-- were transported, name and aildr'-, of each persll
from or to wh,,m waterfowl and e< were purhliasod or sold. t',- other with the
numinber and -pecies and whether sold alive or de:-id; and thel date of f.:i-'h trann-
action. A report sett z forth this information shall 1e annually furnished the
Secretary during the mo..th of January for the preceding calendar year.
6. A permitted shall at all r',-onable hours allow any authorized employee
of the Unitod States Departn.-nt of A'-zriculture to enter an iul-p,,t the
promses wlie:'e oprations are b_'iii carried on under this ret-,'ulaton and to
Inspect the b,,ks nPd records of sueh lrinittc-e relating thereto.
7. A permit i.-ued under this regulation shnll be valid until r-vokel by the
Secretary unless otherwise specified therein, shall not be trnnafr;,i)le, and may
be revoked by the Secretary, if the prmittee vi.,latt-s any of the provisions of
the migratory bird treaty act or of ilie r, reul;tioni< thereunder. A permit duly rp-
vokedl by the Se,-.-etary shall be surrendered to llinm by the person to whom it was
issued, on demand 4t any e iployee of the United States Department vf Azricul-
ture duly auth, rizedl to enforce the provisions of the mi-r;itory bird treaty act.
8. A person may posse-s and transport for hi- own u-e. willout a permiit.
live migr;itory wnaterfowl now lawfully p,.:--'d or liert-after lawfully aciiunired


B.S.71]







BUREAU OF BIOLOGICAL SURVEY


by him. but he may not purchase or sell such waterfowl without a permit. A
State or municipal game farm or city lark may possess,, purchase, sell. and
transp,,rt live mi-ratory waterfowl without a permit, but no such waterfowl
sh;ill lbe purchaed from or sold to a person (other than) such State or municipal
grimie farm or city park) unless he has a permit. The feathers of wild ducks
and wild gee.,e lawfully killed and feathers of such birds seized and condemned
by Feder;il or State game authorities may be possesei, bought. sold. and
trai-ls.orted, for u-v in :r;ikini fishing flies, bed pillows, and mattresses, and
for 'iunilar commercial pui',,ej but not for millinery or ornamental purposes.
[As am' iid, d October 25, 1918; July 9, 1920; and April 10 and June 11, 1923.]
Regulation 9.-Permits to Collect Migratory Birds for Scientific Purposes
A p,,rnn may take in any maminer' and at any time migratory birds and their
nests and e.ggs- for scientific purposes when authorized by a permit issued by the
Secretary, which permit shall be carried on his person when he is collecting
specimens thereunder and shall be exhibited to any person requesting to see the
sa- e, except that nothing herein shall be deemed to permit the taking of any
migratory game bird on any d;ty from sunset to one-half hour before sunrise.
Appli'-.tion for a permit must be addres-ed to the Secretary of Agriculture,
W;.'i address of applicant, his age, and name of State, Territory, or District in
which specimien.- are proposed to be taken, and the purpose for which they
are intended. E:ich application shall be accompanied by two certificates certi-
fying to the fflu. .4's of such person to hold a Federal permit. These certificates;
will be accepted from well-known ornithologists, principals or superintend rnts
of educational or zoological institutions, officials or members of zoological.
natural-history, or other scientific organizations, or in-tructors in zoology in
high schools, colleges. or universities, or by any one of the above to' ether with
a certificate by the chief game official of the State in which the applicant is a
it-ident or of the State in which he desires to conduct his operations.
The permit may limit the numiiber and species of birds, birds' nests, or eggs
that may be collected thereunder, and may authorize the holder thereof to
posse-,, buy. sell, exchange, and transport in any manner and at any time
migratory birds, parts thereof, and their nest- and eggs for scientific 1purl,-.--:
or it may limit the holder to one or more of thi se privile-i.,s. Public museums,
zoolo,.ictal parks and societies, and public, scientific, and edu,.arion:il institu-
tions may possess, buy, sell, exchange, and transport in any manner and at
any time migratory birds and parts thereof and their nests and egus for
scientific purpo-e- without a permit, but no speceimens shall be taken without
a permit. The pluma;ge and skinis of migratory game birds legally taken may
be pfl-.-,esed and transported by a person without a permit.
A taxidermist, when authorized by a permit issued( by the Secretary, may
posW'i.-. buy. sell, exchange. and transport in any manner and at any time
iiii:.r;itory birds and parts thereof legally taken, or he may be limited to one
or miorL of these privileges. A taxidermist granted a permit under this regu-
laltion shall keep books and records correctly setting forth the n;ame and
addr .-0 of e:oath persii delivering eachl specimen of a migratory bird to him
tog .tler with the iiinie of each speie<, the date of delivery, the disposition of
such specimen, and the date thev'eof, which said books and records shall be
available for inql,,c.tion at all reasonable hours on request by any duty
authorize' represent native of the Department of Agriculture.
Each permit shall be valid until revoked by the Secretary unle, otherwise
specified d therein, lhall not be transferable, and shall be revocable at the dis-
cretion of tlie Secretary. A permit duly revoked by the Secretary shall be
surrendered to himni by the person to whom it was issu,'d, on delmnnd of any
employee of the United States Depart nKilt of Agricult unre duly authorized
to enforce the provisions of the Jmizratory bird treaty act. A per.-oln holdinii
a permit under this re-,ilation shall report annually to the Secretary o(i or before
the 10th day of January during- the life of the permit the number of skins. nests.
or 0 -1 of each species collected, )bow-lit, sold, received, possessed, moAunted.
exc.h:ig .d, or tri n-liorted during tlhe preee.diig calendar year.
l.v' ry lek I ge inl which 711i.,r ;iory birds or their nests or eggs are trans-
ported hlinll have clearly and conspicuously marked on the outside thereof the
name and adl(res of the sender, the nuimiier of the permit in every a wlion a permit is required, the name and address of the consi_,iee. a t:(;te-
1i, ,it tli:t It contains speciiniis of birds, their nests, or eggs for scient ifi,


(S. R. A.






LAWS Itl.LATING '10 GA1..M1 ANI) l.II'm


lllrpo)l-(es. and. whronever suclh :i a,:i ka.L-' i- I i:l-q,,i ,l9 o 'ff. r.l fur tra'1 ;..1rta-
tioi, f'r, I l the I)D minion ,f Caiitioi*i into :i. United Sta: d or l'r, 'n ilW 'l;ited
Sti:t into llei Doiiiii',ii 'if <';i:id:i. an ;oc(urate -iati-n',wnt of iLw, 'itents.
[As amended October 5. 191 S ; March :l. I:'.. ; June ii11, 1--': ; anid A',ril '. '"i.

Regulation 10.-Permit.s to Kill Migratory Birds Injurious to Property
WhiII inif,.r,':itiiiI is furlii'-,ld li,. Secretary li;:it :any spI','i' of ni i ;i:ttry
Iird l is 1n',',,iil,'. i id,.r exitr;'. rdiiary ~ i',, i t i i,,;-. :,.i'ni, lv injurimi, to agricul-
ture ,"r ,,thor i l,'1. '-l-, in aNPy I,.1t11 cula:r 1i. ,col u nlllity, an inv,-ii:i,,ci wial l',
1imaid4 to dt',l 'i ll," nature a'id (extenllt of 'li. iljuliry. whti-r tlihe hirdb aill, .(1d
to 1,<' d,1ii n the l:in1:-Q'1 slni llld b1 killit i, l d. if so. lnrii \\iat dii,- a:iid 1by
what ulr.Ilils. Up >n his i. lci mi. al in il ii ; prIq'iirte ord' r will ibe iiiu;de.

Regulation 11.-Slate Laws for the Protection of Miu, ; &(ry Birds
N ,tl0iiiL in Ili '-, rz",1l:itit1,is slihall b. eodlir'i' i1 to perm it the t.lirnI ,' "-
Sioi1. s:ile, purchased. or traiin-p,'irtation of migratory bird- their i,, i --. lid .
clontrilry to 1lir tWS and r,-aulatiimins of any Siate, or Territ',ry, or Di- I ict
inad'i f"ir the pur;','-' of giving furtbi r protection to niuir:i:,ry birds, thlir
ne-t', and (1"-'l when such la\\- aniid regulations are not iAnconist,.'t with the
coN'v lition Il\tw ..<'ii the Unit(ed Stat.. and (Gr':t Britain fir fi" p ,(,ecti',,, of
iii~ itriy lbird- conclud;'1 August 16, 1916. or th". mli ..'*toiry bird !rr;ity act
and do not extend Ill open :.a-i',,s for such birds I-yond zti lie l;.;i r-, riit.d
by tl'.-o rugI lati, !]" .
[AdJded 1 i r 'clamation ,ii October 25. 191 .s a mended .July 9. I11211.]


CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN
FOR TH'E PROTECTION OF MIGRATORY BIRDS IN THE UNITED
STATES AND CANAIDA2
[::' Stat. 171121
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A I'Iu(LAM.\ [oUN
Wherean. a convention between the United St.ite-, of America ;a d the United
Kiildoli of Great 8britain and Ireland for the pjjr.tlction of nmi-r:itory birds
in the United States and Canada was conclud-',l and siged by their respective
pleniiptentiarie- at Wa-hii:gt'.ii on the 16th daiy of Au.w-.t. 191l. thle original
(if which convention is word for word as follows:
Whereas many species of bird-; in the conr-,e of their :aiual mi.Trations
traverse certain parts of the United Statis and the Dominion of Cananda; and
Whereas many of thee species ;ire of griv:at value as a siuirce of food ,ir
in dostroyi insects which ;ire injuri,,us to force-is and for:,!, plants on the
public domain, as will as to agricultural cro -,. in both ti, United S.:Ltc.
and Canada. but are 1,.vcr'lheless in danzor of extern;,iiition thr.-ug'- la' k of
adequate I)rti.tion ldurin.i the nestinig se;.,t-:- or lvhilue on their wa;y to and
from their breedin.i grounds;
The Uni(-dl States if America and His Maj. -y th-e Kinlz of the United
Kirnidom of Great Britain and Ireland and of the Briti-li Dominis ir 1)(yri1d
the Spas, Emperor of India, b4,inu de-'irous of f-avin- from indim cri(,i:ite
S-!;I:uIter and of insurin.,l the prservition of such nii'r:ifiiry liir.N as are
itfir u-eful to mian or halrmll--. have ru,',dvel to adopt some uniform .v emln
of protor'tion which -Inll effectively aw.--i.mpli-'h snmb ,.lj. .( aInd to fl'. end
oif ciicludinz a e-,inv;'.tion for this purlpose lhave appidinted "h ell'ir respective

The' Pr.hid('Int of thn United States of Am(erica. R,,hert Lai-,ir-,. Si'r'nta'ry
if Stnato of th<' United Stat(s: and
ik BIritainnic ;Maje.ty, the Riht Hn. Sir C,.iil Arthur '.piin-- Rice. G. C.
V. 0., K. C. M. G., etc., Iis Majo-ty's anlmia-:;lid ir -'xtraordinary and plerili-
potontiary at Wazhintton;
Who. after o:ivin enmnunivat(ed to each nther their ri.-ic'tive full powers,
which were f' iid to be In due a(nd prilt.'r form, have a-.'ried to aid adlI,'t'ql
the fillowin r arti cle. :

2 Silrned at W2.":lhnion. Aug. If*. 1916 ; ratificatirn nlhi'od by the Si nate Aug. 29, r:iti-
fled by tlhp IPr .ii- int Sppr. 1, and by Great Britain Oct. 20; rati1ifltiloi.is ,xcliinL .'] Dec.
7; proclaimed DIPC. 8,. IlMG.


B. S. 711






BUREAU OF BIOLOGICAL SURVEY


Article I
The high contracting powers declare that the migratory birds included in the
terns of this convention shall be as follows:
1. Migratory game birds:
(a) Anatidae or waterfowl, including lhrant, wild ducks, geese, and swans.
(b) Gruidae or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallidae or rails, including coots, gallinules and sora and other rails.
(d) Limicolae or s.hlreliirds. including avocets, curlew, dowitchers, godwits,
knots, oyster catchers, lihala ropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstones, willet, woodcock, and yellowlegs.
(e) Columbidae or pigeons, including doves and wild pigeons.
2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos,
flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks,
nichthawks or bull-bats, nut-hatches, orioles, robins, shrikes, swallows, swifts,
tanagers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, wood-
peckers, and wrens, and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins,: shear-
waters, and terns.
Article II
The high contracting powers agree that, as an effective means of preserving
migratory birds, there shall be established the following close seasons during
which no hunting shall be done except for scientific or propagating purposes
under permits issued by proper authorities.
1. The close season on migratory game birds shall be between March 10 and
September 1, except that the close season on the Limicolae or shorebirds in the
Maritime Provinces of Canada and in those States of the United States border-
ing on the Atlantic Ocean which are situhiated wholly or in part north of Ch?-a-
peake Bay shall be between February 1 and August 15, and that Indians nImlay
take at any time scoters for food but not for sale. The season for hunting
shall be further restricted to such period not exceeding three and one-half
months as the high contracting powers may severally (leemi alilprupriate and
define by law or regulation.
2. The close se:,son on migratory insectivorous birds shall continue through-
out the year.
3. The clo-e season on other migratory non-ainie birds shall continue through-
out the year. exceptt that E-kinios and Inilians may take at any season auks,
auklets. guillemots, murres, and puffins, and their es. for food and their skinii
for clothing, but the birds and eggs so taken shall not be sold or offered for sale.

Article III
The high contracting powers agree that during the period of 10 years next
following the going into effect of this convention there shall be a continuous
close season on the following migratory game birds, to wit:
Band-tailed pigeons, little brown, sandhill, and whooping cranes, swans, cur-
,le.', and all shorebirds (except the lblack-breasted, and golden plover, Wilsotn or
jack snipe. wooil-.vk, and the greater and lesser yellowlegs) ; provided that
during such 10 years the cl,4se seasons on cranes, swans, and curlew in the
Province of British Columbia shall be inadle by the pi')per authorities of that
Pr',vince within the general dates and limitations elsewhere prescribed in this
convention for the resliective groups to which these birds belong.

Article IV
The high contracting powers a.ree that special protection shall be given the
wood duI!: and tlhe eider duck either (1) by a close season extending over a
period of at lo'ast 5 y-!r-;, or (2) by the establishment of refuges, or (3) by
su.li other r,.-ulations as may be deemed appropIriate.

Article V
The taking of nests or eggs of migratory game or Insectivorous or nongame
birds shall be prohibited, exo.copt for scientific or prupagatin. purposes under


IS. R. A






LAWS RELATING TO GAME AND BIRDS


such laws or regulations as the high contracting powers may severally deem
appropriate.
Article VI

The high contracting powers apree that the shipment or export of migratory
birds or their eggs from any State or Province, during the continmltance of the
close season in such State or Provin'e. shall be prohibited except for sciejtitic
or propagating purposes, and the international trilffice in any birds or eggs
at such Hine1 captured killed, taken, or shipped at any time contrary to the
laws of the State or Province in which the same were captured. killed, tLken,
or shipped shall be likewise prohibited. Every ):package containing migratory
birds or any parts thlerof or any c f'-' of migratory bird-; transported, or
offered for transportation from the United States into the Doinifiin of Canada
or from the Dominion of Cantada into the United States. shall have the name
and address of the shipper and an accurate statement of the contents clearly
marked on the outside of such package.

Article VII

Permits to kill any of the above-named birds, which under extraordinary
conditions may become seriously injurious to the agricultural or other interests
in any particular community, may be issued by the proper authorities of the
high contractin.- powers under suitable regulations prescribed thlerefor by
them, respecti,-ely, but such permits .ilall lapse or may be cariceled at any
time when, in the opinion of said authorities, the particular exigency has
pissed, and no birds killed under this article shall be shipped, sold, or offered
for sale.
Article VIII

The high contracting powers agree thmliselves to take, or propose to their
respective appropriate law-m:king bodies, the necessary measures for insuring
the execution of the present convention.

Article IX

The present convention shall be ratified by the President of the United States
of America. by and with the advice and consent of the Senate thereof, and by
His Britannic Majesty. The ratifications shall be exchanged at Waslhington as
soon as po-sihle, and the c,,'nvention shall take effect on the date of the exchange
of the rat ific.-:tions. It shall remain in force fr 15 years, and in the event of
neither of the high contracting powers having. given ntification 12 months
before the expiration of said period of 15 years of its intention of ternlinaitig
its operation, the convention shall continue to remain in force for 1 year and so
on from year to year.
In faith whereof, the respective plenipotentiaries have signed the present con-
vention in duplicate and have hereunto affixed their seals.
Done at Washington this 16th day of August, 1916.
[SEAL.] ROBERT LOSING.
[si:. L.] LCECIL SPRING Ric.
And whereas the said convention has been duly ratified on both parts, and
the ratifications of the two Goverinments were exchanged in the city of Wash-
ington on the 7th day of December, 1916:
Now, therefore, be it known that I, WoonnRiw WTT.SON, Pimreident of the United
States of America, have caused the said convention to b, made public, to the
end that the same and every article and clause thereof may be obs-irved and
fulfilled with good faith by the United States and the citizen- thlereof.
In testimony whereof I have hereunto set my hand and cau-ed the seal of
'IIh United States to be affixed.
Done at the city of Washii"-ton this Rth day of December in the year of our
Iord 1916, and of the Independence of the United States of America thle 1-1st.
[BBSAL.I W'OI[)ROW WLLSON.
By the President:
ROnERT L.NSING.
Secretary of State.


B. 8.71]






10 BUREAU OF BIOLOGICAL SURVEY [S. R A.

MIGRATORY BIRD TREATY ACT 3
[Act of July 3, 1918. 40 Stat. 755-Secs. 703-711, Title 16. U. S. Code]
An Act To give effiTect to the convention between the United States and Great Britain for
the protection of migratory birds concluded at Washington, August 16, 1916, and for
other purposes.

Be it enacted by thie Senate and Hove of Representatilves of the United
States of America in Congres.q assembled, That this act shall be known by the
short title of the "Migratory Bird Treaty Act."
SEC. 2. That unless and except as permitted by regulations made as herein-
after provided, it shall be unlawful to hunt. take, capture, kill, attempt to take,
capture or kill, po-sess, offer for sale, sell, offer to purchase, purchase, deliver
for shipment, ship, cause to be shipped, deliver for transportation, transport,
cause to be transported, carry or cause to be carried by any means whatever,
receive for shipment, transportation or carriage, or export, at any time or in
any manner, any migratory bird, included in the terms of the convention between
the United States and Great Britain for the protection of migratory birds con-
cluded Au-gust 16, 1916, or any part, nest, or egg of any such bird.
SEC. 3. That, subject to the provisions and in order to carry out the purposes
of the convention, the Secretary of Agriculture is authorized and directed, from
time to time, having due regard to the zones of temperature and to the distri-
bution, abundance, economic value, breeding habits. and times and lines of migra-
tory flight of- such birds, to determine when, to what extent, if at all, and by
what imeains, it is compatible with the terms of the convention to allow hunting,
taking, capture, killing, possession, sale, purchase, shipment, transportation,
carriage, or export of any such bird, or any part, nest, or egg thereof, and to
adopt suitable regulations permitting and governing the same, in accordance
with such determinations, which regulations shall become effective when
approved by the President.
SEC. 4. That it shall be unlawful to ship, transport, or carry, by any means
whatever, from one State, Territory, or District to or through another State,
Territory, or District, or to or through a foreign country, any bird, or any part,
ne-t, or egg thereof, captured, killed, taken, shipped, transported, or carried at
any time contrary to the laws of the State, Territory, or District in which it
was captured, killed, or taken, or from which it was shipped, transported, or
carried. It shall be unlawful to import any bird, or any part, nest, or egg
thereof, captured, kilted, taken, shipped, transported, or carried contrary to
the laws of any Province of the Dominion of Canada in which the same was
captured, killed, or taken, or from which it was shipped, transported, or carried.
SEC. 5. That any employee of the Department of Agriculture authorized by
the Seeretary of Agriculture to enforce the provisions of this act shall have
power, without warrant, to arrest any person committing a violation of this act
in his presence or view and to take such person immediately for examination
or trial before an officer or court of competent jurisdiction; shall have power
to execute any warrant or other process issued by an officer or court of com-
pe',nt jurisdiction for the enforcement of the provisions of this act; and shall
have authority, with a search warrant, to search any place. The several judges
of the courts establi-hed under the laws of the United States, and United
States commissioners may, within their respective jurisdictions, upon proper
oath or affirmation showing probable cause, issue warrants in all such cases.
All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped,
transported, carried, or poss,.esed contrary to the provisions of this act or of
any regulations mnide pursuant thereto, shall, when found, be seized by any
suel- employee, or by any marshal or deputy mairshinal. and, upon conviction of
the offender or upon judgment of a court of the United States that the same
were captured, killed, taken, shipped, transpr trd, carried, or possessed con-
trary to the provisions of this act or of any regulation made pursiuaint thereto,

SConstitutionality of the treaty and act of July 3, 1918, sustained by the United States
Bupynm, Court in a ,o,'i-ion r,.lvlre'l Apr. 19. 1920, in the case of the State of Missouri
v. Ray P. Holland ('--,2 17. S. 416) ; se also IT. S. v. Luimpkin (-70 Fed. 5,0). Canada.
by an act of Parliament ipprovod .Xuc. 29. 1917, ra:ive full effect to the treaty and pro-
miil-,ated re'_.latlons tli'ror-ndor May 11, 1918. The validitv of the act of the Dominion
Parliament was upllil !v the Sipij ,,iii C'ourt of P'rine l'.,1vard ITzlnnd in a decision
(Michaelmas term, 1920) rendor'd in the case of the King v. Russell C. Clark. For full
text of the Canadian miiratory-bird treaty act and regulations, conrmunicate with the
Commissioner, National 'Parks of Can'adla, Ottawa, Ontario.





B.S.71] LAWS RELATING TO GAME AND BIliDS 11

shall be forfeited to the United Stales and diH:-tcl of as directed lby tlhe
court having jurisdiction.
SEC. 6. That any peir'-,,i, a-'-i:ation. partnership. or cirp<.r'rt:,in who -Imull
violate any of the lpruvi.->i', f :ai'I d ININv;ition ,,r of this act. or who -limill
violate or fail to coimp.ly with any regplilatio)n :in.ile pur-int t tii act, swijll
lie detneed guilty of Li-,d iitieLan, 1r and iii 'ii (( conviction th nrof sill b t filiel
not more than 5I1 _10 or be iiiiri-,ti'id 11111t III-re lhan six IP,*i.ths. or both.
SEC. 7. That nothing in tii-i act sh .Ill III constr, Cd to prL'vent h(e L' ., :il
State, and Territories from i.iki ,' or enfnircii, laws or r':ilation ntot in-
conssi-tent with the pr' v-iions of !'-aid convention or of this act. wr fromu
nmakiig or enforcing law-I or re-zulai ions, wlich shall giv', furtler pri)i 'tion to
migratory birds, their ue-ls. and eg'. if ,li'li la\%- or re"i1uiljoii1- do not
extend tle top'ci e: -s,, for such birds lIeyond the date- apr rov-'d by ilit.
President in accordance with o- tii three of tlii-s act.
SEC. 8. That until the adoption and aliproval, pur-unnt to sectilm 3 of thlis
act, of re,-ulati<,ns d.aliin with mi-ira tt',ry birds iinJd their nc-t- and '. s ili
migratory birds and 1iheir nests and e s a.- are intended and 1<1id a'xl1-ivwly
for scientific or Uprp'a, a tin purpc>-, may lic ;aki.n. captured, killI-1. p -.- --d,
sold, purchased, slipped, and trai i-Im)orted for such s.inItilic or jr,.i -':1 1ti1L
purposes if and to the (xteut not in conflict with the law-, of the State, Terri-
tory, or District in which they are taknii, captured, killed, po...-,.-,d, sold, or
purchased, ,ir in or from which they are shipped or tran-ported if the pa,.1,;rz-;
conitainiiil the dead b',alics or the nI..ts or ,... of s-rli birds when shipped and
transport cd shall be marked (in the (oit to show the name and addre.lss of the shipper and the contents of the lia'ka-e.
SEc. 9. That the unexpenzded balan'e- of any sulni aiproI)riated by the agri-
cultural appropriation acts f,,r the f-i-n I years 1917 and 1918, f,,r ui-f',rcin.
the provisions of the act approved MIarch 4, 1913, relatinui to the protection of
migratory an ;mie and insectivirus birds, are hereby rc:iprlairi.ite(d and made
available until expen(led for the cxpent,.- of carrying into effect the provisions
of this act and( regulations nad1 pursuant thereto, including the paynm, nt of
such rent, and the employment of such persons and means, as the Sccrv.t:ary of
Agriculture may dcioi lccQ.sa ry, in the District of Columbia and e0-where,
cooperation with local authorities in the protection of migratory bird', and
necessary investigations connected therewith: Provid('d, That in, per,-)Ii who
is subject to the draft for service in the Army or Navy shall lie exemipted or
excei-:d from -jch service by reason of his emil,,yinment under this act.
SEC. 10. That if any claue, sentence, paragraph, or part of this act shall, for
any reason, be adjudl-ed by any court of competent junri-diction to be invalid,
such judgnuent shiall not affect, i;ipair, or invalidate the remainder thereof, but
shall be confined in its operation to the cl.iuse, sentence, pira 'rapli. or part
thereof directly involved in the controversy in which such judgment shall have
been rend-red.
SFC. 11. That all acts or parts of acts inconsistent with the provi-ions of this
act are heroleby repeialed.
SEic. 12. Nothing in this act slil be construed to prevent the ,ro,'diniz of
migratory Lrainn, birds on farms and pre>.-r\e.s and the -ale of birds so bred under
proper re,-uL.tions for the purpose of incre;,.ing the food supply.
SEC. 13. That this act shall becnue effective, immediately upon its pa,*-'ae
and a; lproval.

LACEY ACT, REGULATING INTERSTATE CM0 I ZERCE IN WILD
ANIMALS4

F'derni laws aff( acting the shipment of wild animals compri-e statutes reu-
latinh interstate cu.mirce by common carrier in the dead bodits or parts
there, f, and tlie importation of live birds and manummals fri'n forci-n countries.
as follows:
(Criminal (C'ode and Criminal Procednre, Title 18, U. S. Code]

SEC. 391. The importation into the United States, or any Territory or District
thereof, of thlie mongipose, the s,,-calledl flying foxes," or fruir !ants, the Knglish

F,,r sees. 2. 3. nnd 4 of the act of MNy "5. I'ion--a1 Stnt. m7-1^-whlch was supIr-.
sederd lv sees. 241-244 of thie act ,,f March 4. 1909--15 Stat. ll-1-see sees. :291-:3i4 -f
title 18, U. S. Code; for sec. 5 cf the act of May 25. 1901.1. see see. ;95 k of title 18; and
for sec 1, see sec. 701 of title 16.






BUREAU OF BIOLOGICAL SURVEY


sparrow, the starling, and such other birds and animals as the Secretary of
Agriculture may from time to time declare to be injurious to the interests of
agriculture or horticulture, is hereby prohibited; and all such birds and ani-
mals, shall, upon arrival at any port of the United States, be destroyed or
returned at the expense of the owner. No person shall import into the United
States or into any Territory or District thereof any foreign wild animal or bird,
except under special permit from the Secretary of Agriculture: Provided, That
nothing in this section shall restrict the importation of natural-history sped-
menins for museums or scientific collections, or of certain cage birds, such as
domesticated canaries, parrots, or such other birds as the Secretary of Agri-
culture may designate. The Secretary of the Treasury is hereby authorized to
make regulations for carrying into effect the provisions of this section.8 (Sec.
241, act of March 4, 1909--35 Stat. 1137.)
SEC. 392. It shall be unlawful for any person to deliver to any common
carrier for transportation, or for any common carrier to transport from any
State, Territory, or District of the United States to any other State, Territory,
or District thereof, any foreign animals or birds the importation of which
is prohibited, or the dead bodies or pa rts thereof of any wild animals or birds,e
where such animals or birds have been killed or shipped in violation of the laws
of the State, Territory, or District in which the same were killed, or from
which they were shipped: Provided, That nothing herein shall prevent the
transportation of any dead birds or animals killed during the season when the
same may be lawfully captured, and the export of which is not prohibited
by law in the State, Territory, or District in which the same are captured or
killed. (Sec. 242, act of March 4, 1909-35 Stat. 1137.)
SEC. 393. All packages containing the dead bodies, or the plumage, or parts
thereof, of game animals, or game or other wild birds, when shipped in inter-
state or foreign commerce, shall be plainly and clearly marked, so that the
name and addre.-,s of the shipper and the nature of the contents may be readily
ascertained on an inspection of the outside of such package. (Sec. 243, act of
March 4, 1909-35 Stat. 1137.)
SEC. 394. For each evasion or violation of any provision of the three sections
last preceding the shipper shall be fined not more than $200; the consignee
knowingly receiving such articles so shipped and transported in violation of
said sections shall be fined not more than $200; and the carrier knowingly
carrying or tran-porting the same in violation of h:iid -ectinai shall be fined
not more than $200. (Sec. 244, act of March 4, 1909-35 Stat. 1138.)
SEC. 395. That all dead bodies, or pa rts thereof, of any foreign game animals,
or game or song birds, the importation of which is prohibited, or the dead
bodies, or parts thereof, of any wild game animals, or game or song birds
t,'isported into any State or Territory, or remaining therein for use, consump-
tion, sale, or storage therein, shall upon arrival in such State or Territory be
subject to the operation and effect of the laws of such State or Territory
enacted in the exercise of its police powers, to the same extent and in the same
manner as though such animals or birds had been produced in such State or
Territory, and shall not be exempt therefrom by reason of being introduced
therein in original pacd:ag-es or otherwise. This act shall not prevent the im-
portation, transportation, or sale of birds or bird plumage manufactured from
the featliers of barnyard fowl. (Sec. 5, act. of May 25, 1900-31 Stat. 188.)
[Con-ervation, Title 16, U. S. Code]

SEC. 701. That the duties and powers of the Depa rtment of Agriculture are
hereby enl'arg;e.d -1? as to include the preservation, distribution, introduction, and
restration of r-ani- birds and other wild birds. The Secretary of Agriculture
is hereby authorized to adopt such measures as may be neceis-ary to carry out
the purpo-,s of this act and to purclaIe such game birds and other wild birds
as may be required therefore, subject, however, to the laws of the various
Stat.- and Territori-.. The object and purp,,-e of this act is to aid in the
restoration of -nich birds in those parts of the United States adapted thereto
wht',r the same have bet.'me sc;arce or extinct, and also to regulate the intro-

6 See joint regulations (S. R. A.-B. S. 69), efTectilve November 21, 1927, governing the
iilipiirt:ition of bobwhite quaiil from MMxio. copies of which may be obtained free of charge
from the U. S. l)(epartment of Agriculture, Wiishington, D. C.
0 See soc. 4 of the ilgr;iliry bird tro"ity act, p. 10, which supei-sdes this p?.rt of the
Lacey Act relative to the interstate transportation of wild birds.


IS. R. A.






B. S. 71]


LAWS RELATING TO GAME AND BIRDS


13


duction of American or foreign birds or animals in localities where they have
not heretofore existed.
The Secretary of Agriculture shall from time to time collect and publish
useful information as to the propagation, uses, and priuerrvation of sucli Lirds.
And the Se.retary of Agriculture shall make and publish all needful rifles
and regulations for carrying out the purposes of this act, and shall expend
for said purposes such sums as Congress may appropriate therefore. (Sec. 1, act
of May 25, 1900-31 Stat 187.)


LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS
AND GOVERNMENT PROPERTY ON FEDERAL REFUGES
[Criminal Code and Criminal Procedure, Title 18, U. S. Code]

SEC. 145. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird
or wild animal of any kind whatever, or take or le-troy the eggs of any such
bird on any lands of the United States which have been set apart or reserved
as refuges or breeding grounds for such birds or animals by any law, procla-
mation, or Executive order, except under such rules and regulations as the
Secretary of Agriculture may, from time to time, prescribe, or who shall will-
fully injure, molest, or destroy any property of the United States on any such
lands shall be finedl not more than $5(10, or imprisoned not more th:in six
months, or both. (Sec. 84, act of March 4, 1909, as amended April 15, 1924,
43 Stat 98.)

HUNTING ON NATIONAL FORESTS

Regulation T-7, effective October 1, 1919, of the Regulations of the Forest
Service relative to National Forests, provides as follows:
The following acts are prohibited on lands of the United States within
national forests:
The going or being upon any such land, or in or on the waters thereof, with
intent to hunt, catch, trap. willfully disturb, or kill any kin, of mitme animal.
game or nongame bird, or fish. or to take the eggs of any such bird, in violation
of the laws of the State in which such land or waters are situated.
Regulation G-30 authorize- all forest officers to enforce the above rrula-
tion and also to cooperate with State or Territorial officials in the enforcement
of local laws for the protection of birds, fish. and game.


FIRES ON PUBLIC DOMAIN
[Criminal Code and Criminal Procedure, Title 18, UT. S. Code]

SEC. 106. Whoever shall willfully set on fire, or cause to be set on fire. any
timber, underbrush, or grass upon the public domnin. or shall leave or suffer
fire to burn unattended near any timber or other inflamm nble mat-rial. shall
be fined not more than $5.000, or imprisnpd not more than two years, or both.
(Sec. 52, act of March 4. 1909-35 Stat. lfNS.)
SEC. 107. Whoever shall build a fire in or near any forest, timber, or other
inflammable material upon the public domain sh1nll, befor'- loavinz Caid fire,
totally extinguish the same; and whoever shall fail to do 4a shall be fined
not more than $1,000. or imprisoned not more than one- yvar, or both. (Sec.
53. act of March 4, 1909-35 Stat. 10.'S.)


PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF
PLUMAGE, GAME, ETC.

[Act of September 21, 1922, 42 Stat. 915-Chapter 3, Title 19, U. S. Code]

PAR. 1419. Feathers and down-, on the skin or otherwise, crude or not
dressed, colored, or otherwise advanced or manufactured in nny manner, not
specially provided for, 20 per centum ad valorem; dressed, colored, or otherwise






14 BUREAU OF BIOLOGICAL SURVEY [S. B. A.

advanced or manufactured in any manner, including quilts of down and other
manufactures of down; artificial or ornamental feathers suitable for use as
millinery ornaments, artificial or ornamental fruits, vegetables, grains, leaves,
flowers, and stems or parts thereof, of whatever material composed, not specially
provided for, 60 per centum ad valorem; natural leaves, plants, shrubs, herbs,
trees, and parts thereof, chemically treated, colored, dyed, or painted, not spe-
cially provided for, 60 per centum ad valorem; boas, boutonnieres, wreaths, and
all articles not specially provided for, compos-ed wholly or in chief value of any
of the feathers, fliwcrs, leaves, or other material herein mentioned, 60 per
centum ad valorem: Proridcd, That the importation of birds of paradise,
aigrettes, egret plumes or so-called osprey plumes, and the feathers, quills,
heatds, wings, tails, skins, or pa rts of s.kins, of wild birds, either raw or manu-
fact ured, and not for scientific or educational purposes, is hereby prohibited;
but this provision shall not apply to the feathers or plumes of ostriches or to the
feathers or plumes of domestic fowls of any kind: Provided furflcr, That birds
of par:'di.-e and the feathers, quills, heads, wings, tails, skins, or parts thereof:
and all aigr.tte,, egret plunies, or so-called osprey plumes, and the feathers,
quills. hc:ids. wings, tails, skin-. or parts of skins, of wild birds, either raw or
manufactured, of like kind to those the importation of which is prohibited by
the foregoing provisions of this paragraph, which may be found in the
United States, on and after the pas-age of this act. except as to such plumage
or parts of birds in actual use for personal! adornment, and except such plumi:,e,
birds, or parts thereof imported therein for scientific or educational piu'ioses,
shall be presumed for the purpose of seizure to have been imported unlawfully
after October 3, 1913, and the collector of customs shall seize the same unless
the pos.e-sor thereof shall establish, to the satisfaction of the collector, that the
same were imported into the United States prior to October 3, 1913, or as to such
plumage or parts of birds that they were plucked or derived in the United States
from birds lawfully therein; and in case of seizure by the collector he shall
proerd as in case of forfeiture for violation of the custom laws, and the s:Ime
shall be forfeited, unless the cl;nimnnt shall in any legal proceeding to enforce
such forfeiture, other than a criminal prosecution, overcome the presumption of
illegal importation and establish that the birds or articles seized, of like kind
to those mentioned the importation of which is prohibited as above, were im-
ported into the United Stotes prior to October 3, 1913, or were plucked in the
United States from birds lawfully therein.
That whenever birds or plumage, the importation of which is prohibited by
the freging provisions of this paragraph, are forfeited *to the Government,
the Secretary of the Treasury is hereby authorized to place the same with the
departments or bureaus of the Federal or State Governments or socielties or
muenmis for exhibition or scientific or educational purposes, but not for sale or
personal use: and in the event of such birds or plumage not being required
or desired by either Federal or State Government or for educational purposes,
they shall be de'-r,,yed.
That nothing in this act qhall be construed to repeal the provisions of the
act of March 4, 1913, chapter 145 (37 Statutes at Large, paue 847), or the act
of July 3, 1918 (40 Statutes at Large, page 755), or any other law of the
United States, now of force, intended for the protection or preservation of birds
within the United States. That if on investigation by the collector before
seizure, or before trial for forfeiture, or if at such trial if such seizure has
been m:id,, it shall be made to app-ar to the collector, or the prosecuting
officer of the Government, as the case may be, that no illegal importation of
sut.h feathers has been made, but that the possession, acquisition, or purchase
of such feathers is or lhas been made in violation of the provisions of the
act of March 4, 1913, chapter 145 (37 Statutes at Larze. page 847), or the
act of July 3, 1918 (40 Statutes at Large, page 755), or any other law of the
United States, now of force, intended for the protection or preservation of birds
within the United States, it shall be the duty of the collector, or such prose-
cuting officer, as the ca-,' may be, to report the fiets to the proper officials
of the United States, or State or Territory charged with the duty of enforcing
such laws.
Import duties and provisions are as follows:
PAR. 704. A duty of 4 cents per pound is imposed on reindeer meat, venison,
and other game (except birds).
PAR. 711. The duty on live birds (except poultry) is 50 cents each on those
valued at $5 or lcss, and 20 per cent ad valorem on those valued at more than






B.S. 71] LAWS RELL.ATING TO GAME AND BIRDS 15

$5. [By proclamation of October 3, 1925. the Presidint reduced the duty on live
bobwhite quail valued at .$5 each or less from 50 to 25 cents.]
PAR. 712. Dressed or undress'-d birds (except poultry) are dutiable at 8 cents
per pound, but if prepared or preserved in any manner the duty is 35 p-r c'ent
;.d valorem. (Paragraph 1419 prohibits the importation of the plumnge of wild
birds. so that undressed game birds may only be br,''ught in under a bond for
the destruction of their plui:im-e.)
PAR. 715. Live wild aniilnl-, 15 per cent ad valorem.
PAR. 1420. Silver or bMick fox skins, drOssed or undressed, and manufac-
tiures thereof, 50 per cent ad valorem; other furs dressed on the skin, not
advanced further than dyeing. 25 per cent ad valorem.
PAR. 1507. Wild animals and birds inten(led for exhibition in zoological
collections for scientific or educational purposes, and not for sale or profit,
are admitted free.
PAR. 1569. The eggs of birds ;ire prohibited from entry, except that egzs of
game birds may be imported free under regulations7 of the Secretary of Agricul-
ture for propa:-ating purpose.,; :lspecimens may also be imported free for
scientific collections.
PAR. 1579. Raw furs and fur skins (except silver or black fox skins),
undressed, are admitted free.
PAR. 1668. Natural-history specimens (including wild birds and mammals)
may be imported free for scientific public collections, but not for sale.


CANADIAN TARIFF ACT PROHIBITING IMPORTATION OF PLUMAGE,
MONGOOSES, AND CERTAIN BIRDS

The importation of bird plumage into Canada for millinery purposes is
prohibited by tariff item 1212 under Schedule 0 (prohibited goods), as added
by section 5 of the Canadian customs tariff act of 1914. Item 1212 prohibits
the entry of the following:
1212. Aigrettes, egret plumes, or so-called osprey plumes, and the feathers,
quills, heads, wings. tails, skins, or parts of skins of wild birds either raw or
manufactured; but this provision shall not come into effect until January 1,
1915, and shall not apply to-
(a) The feathers or plumes of ostriches;
(b) The plumage of the Enllish pheasant and the Indian peacock;
(c) The plumage of wild birds ordinarily used as articles of diet;
(d) The plumage of birds imported alive; nor to
(e) Specimens imported under regulations of the minister of customs for any
natural-history or other nimuseum or for educational purposes.
Item 1214 under Schedule C (prohibited goods), as added by the customs
tariff act, effective May 24, 1922, prohibits the entry of the following:
1214. (a) Common mongoose (Hcrpestes griseus) or mongoose of any kind;
(b) Common mynah. Chinese mynah, crested mynah, or any other species of
the starling family (Sturnidae) ;
(c) Java sparrows, rice bird, nutmeg finch, or other species of the weaver
bird family (Ploceidne) ;
(d) European Chaffinch (Fringilla cocebs) ;
(e) Great titmouse (Parus major).
7 See regulations (S. R. A.-B. S. 54), effective March 15, 192 ., governing the importa-
tion of eggs of game birds for propagation, copy of which may be obtained free of charge
from the U. S. Department of Agriculture, Washington, D. C.







UNIVERSITY OF FLORIDA



3 1262 09218 5205



OFFICIALS FROM WHOM COPIES OF GAME LAWS MAY BE
OBTAINED


Federal laws: Secretary of Agriculture,
Washington, D. C.
Alabama: Department of Game and Fish-
eries, Montgomery.
Alaska: Executive Office, Alaska Game
Commission, Juneau; or Secretary of
Agriculture, Washington D. C.
Arizona: State Game Warden, Phoenix.
Arkansas: Secretary Game and Fish
Commission, Little Rock.
California: Executive Officer, Fish and
Game Commission, Postal Telegraph
Building, San Francisco.
Colorado: State Game and Fish Commis-
sioner, Denver.
Connecticut: Superintendent of Fisheries
and Game, Hartford.
Delaware: Chief Game and Fish Warden.
Dover.
District of Columbia: Superintendent
Metropolitan Police, Washington.
Florida: State Game Commissioner, Tal-
lahassee.
Georgia: Game and Fish Commissioner,
Atlanta.
Hawaii: Fish and Game Division, Board
of Agriculture and Forestry, Honolulu.
Idaho: Fish and Game Warden, Boise.
Illinois: Director Department of Con-
servation, Springfield.
Indiana: Superintendent of Fisheries and
Game, State House, Indianapolis.
Iowa: State Game Warden, Des Moines.
Kansas: State Fish and Game Warden,
Pratt.
Kentucky: Executive Agent Game and
Fish Commission. Frankfort.
Louisiana: Commissioner of Conserva-
tion, Court Building, New Orleans.
Maine: Commissioner of Inland Fisheries
,and Game, State House, Augusta.
Maryland: State Game Warden, 514
Munsev Building, Baltimore.
Massachusetts: Director Division of
Fisheries and Game, State Hous.. Boston.
Michigan: Director Depiirtment of Con-
servation, Lansing.
Minnesota: Game and Fish CommirFsioner,
Department of Conservation, St. Paul.
Missi.ssippli: Secretary of State, Jacl:son ;
or .Sheriff or County Clerk.
Missouri: Game and Fish Commissioner,
Jefferson City.
Montana: State Fish :ind Game Wa rden.
Helena.
Nebraska: State Game Warden. Lincoln.
Nevada: Secret.ry of Statr, Fish and
Game Commission, Reno.
New Ilampshire: Fish and Game Com-
riii -in,,r, Conrord.
New Jersey: Secretary of Board of Fish
and Game C ,inmiis..i-ii'irs, Trenton.
New Mexico: State Gaime and Fish
Wairdn. Santa Fe.
New York: Secretary Conservation De-
part mnt. Albany.
North Carolina: Director Department of
Conservation anud Development, Raleigh.


North Dakota: Game and Fish Commis-
sioner, Bisbee.
Ohio: Chief, Division of Fish and Game,
Department of Agriculture, Columbus.
Oklahoma: State Fish and Game Ward-
en. Oklahoma City.
Oregon: State Game Warden. Portland.
Pennsylvania: Executive Secretary Board
of Game Commissioners, Harrisburg.
Rhode Island: Chairman Commissioners
of Birds, Providence.
South Carolina: Chief Game Warden,
Columbia.
South Dakota: Director Division of
Game and Fish, Department of Agricul-
ture, Pierre.
Tennessee: State Game and Fish Warden.
Nashville.
Texas: Game. Fish, and Oyster Commis-
sioner, Austin.
Utah: Fish and Game Commissioner, Salt
Lake City.
Vermont: Fish and Game Commissioner,
Montpelier.
Virginia: Executive Secretary, Commis-
sion of Game and Inland Fisheries.
Richmond.
WUashington: Supervisor of Game and
Game Fish. 404 Bell Street Terminal
(P. 0. Box 384), Seattle.
West Virginia: Game and Fish Commis-
sion, Charleston.
Wisconsin: Conservation Commissioner,
Madison.
Wyoming: State Game and Fish Commis-
sion, Cheyenne.
Canada: Commissioner, National Parks of
Canada, Ottawa.
Alberta: Game Commissioner, Edmonton.
British Columbia: Provincial Game
Warden, Victoria.
Mannitoba: Chief Game Commissioner,
Winnipeg.
New Brunswick: Chief Game Warden,
Fredericton.
Northwest Territories: Director, North-
west Territories and Yukon Branch. De-
ipartment of Interior, Ottawa, Ontario.
Nova Scotia: Minister of Lands and For-
ests, Halifax.
Ontario: Department of Game and Fish-
eries, Toronto.
Prince Edward Island: Game Inspec-
tor, Provincial Treasury Department,
Charlottet ow n.
Quebec: General Superintendent of Fish-
eries and Game. Quebec.
Saskatchewan: Ginm, Commissioner, Re-
-ina.
Yukon: Gold Commissioner, Dawson.
Newfoundland: Secretary. Game and In-
land Fis'Kries Board, St. Johns.
Mexico: S.cretarla de Agricultura y Fo-
mento, City of Mexico.


U.S. GO \ EItNMENT PRINTING OFFICE :1929




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